C ongress o f t h e P h ilippin es E ig h t e e n t h C ongress First Regular Session } S E N A T E S. No. 1083 P repared by the C ommittees on N ational D efense AND S ecurity ; P eace , U nification and R econciliation ; and F inance w ith S enators S oTTO III, L acson , M arcos , L a pid , R evilla J r AND DELA ROSA AS AUTHORS THEREOF AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE “HUMAN SECURITY ACT OF 2007” Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 1 S ection l. Short Title. - This Act shall henceforth be 2 known as “The Anti-Terrorism Act of 2020”. 3 S ec . 2. Declaration of Policy. —It is declared a pohcy 4 of the State to protect life, liberty, and property from 5 terrorism, to condemn terrorism as inimical and dangerous 6 to the national security of the country and to the welfare of 7 the people, and to make any terrorism a crime against the 1 Filipino people, against humanity, and against the law of 2 nations. 3 In the implementation of the policy stated above, the 4 State shall uphold the basic rights and fundamental 5 liberties of the people as enshrined in the Constitution. 6 The State recognizes that the fight against terrorism 7 requires a comprehensive approach, comprising political, 8 economic, diplomatic, military, and legal means duly 9 taking into account the root causes of terrorism without 10 acknowledging these as justifications for terrorist and/or 11 criminal activities. Such measures shall include conflict 12 management and post-conflict peacebuilding, addressing 13 the roots of conflict by building state capacity and 14 promoting equitable economic development. 15 Nothing in this Act shall be interpreted as a 16 curtailment, restriction or diminution of constitutionally 17 recognized powers of the executive branch of the 18 government. It is to be understood, however, that the 19 exercise of the constitutionally recognized powers of the 20 executive department of the government shall not prejudice 1 respect for human rights which shall be absolute and 2 protected at all times. 3 S ec . 3. Definition of Terms. - as used in this Act: 4 (a) Critical Infrastructure shall refer to an asset or 5 system, whether physical or virtual, so essential to the 6 maintenance of vital societal functions or to the delivery of 7 essential public services that the incapacity or destruction 8 of such systems and assets would have a debilitating 9 impact on national defense and security, national economy, 10 public health or safety, the administration of justice, and 11 other functions analogous thereto. It may include, but is 12 not Hmited to, an asset or system affecting 13 telecommunications, water and energy supply, emergency 14 services, food security, fuel supply, banking and finance, 15 transportation, radio and television, information systems 16 and technology, chemical and nuclear sectors; 17 (b) Designated Person shall refer to: 18 Any individual, group of pei-sons, organizations, or 19 associations designated and/or identified by the United 20 Nations Security Council, or another jurisdiction, or 1 supranational jurisdiction as a terrorist, one who finances 2 terrorism, or a terrorist organization or group: or 3 Any person, organization, association, or group of 4 persons designated under paragraph 3 of Section 26 of this 5 Act. 6 For purposes of this Act, the above definition shall be 7 in addition to the definition of designated persons under 8 Section 3(e) of Republic Act No. 10168, otherwise known as 9 the “Terrorism Financing Prevention and Suppression Act 10 of 2012". 11 (c) Extraordinary Rendition shall refer to the transfer 12 of a person, suspected of being a terrorist or supporter of a 13 terrorist organization, association, or group of persons to a 14 foreign nation for imprisonment and interrogation on 15 behalf of the transferring nation. The extraordinary 16 rendition may be done without fi-aming any formal 17 charges, trial, or approval of the court. 18 (d) International Organization shall refer to an 19 organization established by a treaty or other instrument 1 governed by international law and possessing its own 2 international legal personality; 3 (e) Material Support shall refer to any property, 4 tangible or intangible, or service, including currency or 5 monetary instruments or financial securities, financial 6 services, lodging, training, expert advice or assistance, 7 safehouses, false documentation or identification, 8 communications equipment, facilities, weapons, lethal 9 substances, explosives, personnel (one or more individuals 10 who may be or include oneself), and transportation; 11 (f) Proliferation of Weapons of Mass Destruction shall 12 refer to the transfer and export of chemical, biological, 13 radiological, or nuclear weapons, theii- means of dehvery 14 and related materials; 15 (g) Proposal to Commit Terrorism is committed when 16 a person who has decided to commit any of the crimes 17 defined and penalized under the provisions of this Act 18 proposes its execution to some other person or persons; 19 (h) Recruit shall refer to any act to encourage other 20 people to join a terrorist individual or organization, 1 association or group of persons proscribed under Section 26 2 of this Act, or designated by the United Nations Security 3 Council as a terrorist organization, or organized for the 4 purpose of engaging in terrorism; 5 (i) Surveillance Activities shall refer to the act of 6 tracking down, following, or investigating individuals or 7 organizations; or the tapping, listening, intercepting, and 8 recording of messages, conversations, discussions, spoken 9 or written words, including computer and network 10 surveillance, and other communications of individuals 11 engaged in terrorism as defined hereunder; 12 (j) Supranational Jurisdiction shall refer to an 13 international organization or union in which the power and 14 influence of member states transcend national boundaries 15 or interests to share in decision-making and vote on issues 16 concerning the collective body, i.e. the European Union; 17 (k) Training shall refer to the giving of instruction or 18 teaching designed to impart a specific skill in relation to 19 terrorism as defined hereunder, as opposed to general 20 knowledge; 1 (1) Terrorist Individual shall refer to any natural 2 person who commits any of the acts defined and penahzed 3 under Sections 4, 5, 6, 7, 8, 9, 10,11 and 12 of this Act; 4 (m) Terrorist Organization, Association or Group of 5 Persons shall refer to any entity organized for the purpose 6 of engaging in terrorism, or those proscribed under Section 26 7 hereof or the United Nations Security Council-designated 8 terrorist organization; and 9 (n) Weapons of Mass Destruction (WMD) shall refer to 10 chemical, biological, radiological, or nuclear weapons which 11 are capable of a high order of destruction or causing mass 12 casualties. It excludes the means of transporting or 13 propelling the weapon where such means is a separable 14 and divisible part fiiom the weapon. 15 S ec . 4. Terrorism. - Subject to Section 49 of this Act, 16 terrorism is committed by any person who within or 17 outside the Pliilippines, regardless of the stage of 18 execution; 19 (a) Engages in acts intended to cause death or serious 20 bodily injury to any person, or endangers a person’s life; 8 1 (b) Engages in acts intended to cause extensive 2 damage or destruction to a government or public facility, 3 public place or private property: 4 (c) Engages in acts intended to cause extensive 5 interference with, damage or destruction to critical 6 in&astructure; 7 (d) Develops, manufactures, possesses, acquires, 8 transports, supplies or uses weapons, explosives or of 9 biological, nuclear, radiological or chemical weapons; and 10 (e) Release of dangerous substances, or causing fire, 11 floods or explosions 12 when the purpose of such act, by its nature and context, is 13 to intimidate the general pubhc or a segment thereof 14 create an atmosphere or spread a message of fear, to 15 provoke or influence by intimidation the government or 16 any of its international organization, or seriously 17 destabilize or destroy the fundamental political, economic, 18 or social structures of the country, or create a pubhc 19 emergency or seriously undermine pubhc safety, shall be 20 guilty of committing terrorism and shall suffer the penalty 1 of life imprisonment without the benefit of parole and the 2 benefits of Repubhc Act No. 10592, othei-wise known as 3 “An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 4 3815, as amended, otherwise known as the Revised Penal 5 Code”: Pi'ovided, That, terrorism as defined in this Section 6 shall not include advocacy, protest, dissent, stoppage of 7 work, industrial or mass action, and other simdar exercises 8 of civil and pohtical rights, which are not intended to cause 9 death or serious physical harm to a person, to endanger a 10 person’s life, or to create a serious risk to pubhc safety. 11 S ec 5. Threat to Commit Terrorism. - Any person who 12 shall threaten to commit any of the acts mentioned in 13 Section 4 hereof shall suffer the penalty of imprisonment of 14 twelve (12) years. 15 S ec 6. Planning, Training, Preparing, and 16 Facilitating the Commission of Terrorism. - It shall be 17 unlawful for any person to participate in the planning, 18 training, preparation and facihtation in the commission of 19 terrorism, possessing objects connected with the 20 preparation for the commission of terrorism, or collecting or 10 1 making documents connected with the preparation of 2 terrorism. Any person found guilty of the provisions of this 3 Act shall suffer the penalty of life imprisonment without 4 the benefit of parole and the benefits of Republic Act No. 5 10592. 6 S ec 7. Conspiracy to Commit Terrorism. — Any 7 conspiracy to commit terrorism as defined and penalized 8 under Section 4 of this Act shall be penalized by life 9 imprisonment without the benefit of parole and the 10 benefits of Republic Act No. 10592. 11 There is conspiracy when two (2) or more persons 12 come to an agreement concerning the commission of 13 terrorism as defined in Section 4 hereof and decide to 14 commit the same. 15 S ec . 8. Proposal to Commit Terrorism. - Any person 16 who proposes to commit terrorism as defined in Section 4 17 hereof shall suffer the penalty of imprisonment of twelve 18 (12) years. 19 S ec . 9. Inciting to Commit Terrorism. - Any person 20 who, without taking any direct part in the commission of 11 1 terrorism, shall incite others to the execution of any of the 2 acts specified in Section 4 hereof by means of speeches, 3 proclamations, writings, emblems, banners or other 4 representations tending to the same end, shall suffer the 5 penalty of imprisonment of twelve (12) years. 6 S ec 10. Recruitment to and Membership in a 7 Terrorist Organization. - Any person who shall recruit 8 another to participate in, join, commit or support any 9 terrorism or a terrorist individual or any terrorist 10 organization, association or group of persons proscribed 11 under Section 26 of this Act, or designated by the United 12 Nations Security Council as a terrorist organization, or 13 organized for the purpose of engaging in terrorism, shall 14 suffer the penalty of life imprisonment without the benefit 15 of parole and the benefits of Republic Act No. 10592. 16 The same penalty shall be imposed on any person 17 who organizes or facilitates the travel of individuals to a 18 state other than their state of residence or nationahty for 19 the purpose of recruitment which may be committed 20 through any of the following means: 12 1 (a) Recruiting another person to serve in any capacity 2 in or with an armed force in a foreign state, whether the 3 armed force forms part of the armed forces of the 4 government of that foreign state or othemise; 5 (b) Publishing an advertisement or propaganda for 6 the purpose of recruiting persons to serve in any capacity 7 in or with such an armed force; 8 (c) Publishing an advertisement or propaganda 9 containing any information relating to the place at which 10 or the manner in which persons may make applications to 11 serve or obtain information relating to service in any 12 capacity in or with such armed force or relating to the 13 manner in which persons may travel to a foreign state for 14 the purpose of serving in any capacity in or with such 15 armed force; or 16 (d) Performing any other act with the intention of 17 facilitating or promoting the recruitment of persons to 18 seive in any capacity in or with such armed force. 19 Any person who shall voluntarily and knowingly join 20 any organization, association or group of persons knowing 13 1 that such organization, association or group of persons is 2 proscribed under Section 26 of this Act, or designated by 3 the United Nations Security Council as a terrorist 4 organization, or organized for the purpose of engaging in 5 terrorism, shall suffer the penalty of imprisonment of 6 twelve (12) years. 7 S ec 11. Foreign Terrorist. - The following acts eire 8 unlawful and shall be punished with the penalty of hfe 9 imprisonment without the benefit of parole and the 10 benefits of Repubhc Act No. 10592: 11 (a) For any person to travel or attempt to travel to a 12 state other than his/her state of residence or nationahty, 13 for the purpose of perpetrating, planning, or preparing for, 14 or participating in terrorism, or providing or receiving 15 terrorist training; 16 (b) For any person to organize or facihtate the travel 17 of individuals who travel to a state other than their states 18 of residence or nationahty knowing that such travel is for 19 the purpose of perpetrating, planning, training, or 14 1 preparing for, or participating in terrorism or providing or 2 receiving terrorist training; or 3 (c) For any person residing abroad who comes to the 4 Philippines to participate in perpetrating, planning, 5 training, or preparing for, or participating in terrorism or 6 provide support for or facihtate or receive terrorist training 7 here or abroad. 8 S ec . 12. Providing Material Support to Terrorists. — 9 Any person who provides material support to any terrorist 10 individual or terrorist organization, association or group of 11 persons committing any of the acts punishable under 12 Section 4 hereof or knowing that such individual or 13 organization, association, or group of persons is committing 14 or planning to commit such acts, shall be hable as principal 15 to any and all terrorist activities committed by said 16 individuals or organizations, in addition to other criminal 17 liabilities he/she or they may have incurred in relation 18 thereto. 19 S ec . 13. Humanitarian Exemption. - Humanitarian 20 activities undertaken by the International Committee of 15 1 the Red Cross (ICRC), the Philippine Red Cross (PRC), and 2 other state-recognized impartial humanitarian partners or 3 organizations in conformity with the International 4 Humanitarian Law (IHL), do not fell within the scope of 5 Section 12 of this Act. 6 S ec 14. Accessory. - Any person who, having 7 knowledge of the commission of any of the crimes defined 8 and penahzed under Section 4 of this Act, without having 9 participated therein, takes part subsequent to its 10 commission in any of the following manner: (a) by profiting 11 himself or assisting the offender to profit by the effects of 12 the crime; (b) by conceahng or destroying the body of the 13 crime, or the effects, or instruments thereof, in order to 14 prevent its discovery; or (c) by harboring, concealing, or 15 assisting in the escape of the principal or conspirator of the 16 crime, shall be hable as an accessory and shall suffer the 17 penalty of imprisonment of twelve (12) years. 18 No person, regardless of relationship or affinity, shall 19 be exempt from liability under this section. 16 1 S ec . 16. Penalty for Public Official. —If the offender 2 found guilty of any of the acts defined and penalized under 3 the provisions of this Act is a public official or employee, 4 he/she shall be charged with the administrative offense of 5 grave misconduct and/or disloyalty to the Republic of the 6 Philippines and the Filipino people, and be meted with the 7 penalty of dismissal from the service, with the accessory 8 penalties of cancellation of civil seivice eligibihty, forfeiture 9 of retirement benefits and perpetual absolute 10 disqualification from running for any elective office or 11 holding any pubhc office. 12 S ec . 16. Surveillance of Suspects and Interception and 13 Recording of Communications. - The provisions of Repubhc 14 Act No. 4200, otherwise known as the "Anti-Wire Tapping 15 Law” to the contrary notwithstanding, law enforcement 16 agent or mihtary personnel may, upon a written order of the 17 Court of Appeals secretly wiretap, overhear and listen to, 18 intercept, screen, read, surveil, record or collect, with the 19 use of any mode, form, kind or type of electronic, 20 mechanical or other equipment or device or technology now 17 1 known or may hereafter be known to science or with the 2 use of any other suitable ways and means for the above 3 purposes, any private communications, conversation, 4 discussion/s, data, information, messages in whatever 5 form, kind or nature, spoken or written words (a) between 6 members of a judicially declared and outlawed terrorist 7 organization, as provided in Section 26 of this Act; (b) 8 between members of a designated person as defined in 9 Section 3(E) of Repubbc Act No. 10168; or (c) any person 10 charged with or suspected of committing any of the crimes 11 defined and penalized under the provisions of this Act; 12 Provided, That, surveillance, interception and recording of 13 communications between lawyers and chents, doctors and 14 patients, journahsts and their sources and confidential 15 business correspondence shall not be authorized. 16 The law enforcement agent or military personnel 17 shall likewise be obhgated to (1) file an ex-parte apphcation 18 with the Court of Appeals for the issuance of an order, to 19 compel telecommunications service providers (TSP) and 20 internet service providers (ISP) to produce all customer 18 1 information and identification records as well as call and 2 text data records, content and other cellular or internet 3 metadata of any person suspected of any of the crimes 4 defined and penalized under the provisions of this Act; and 5 (2) furnish the National Telecommunications Commission 6 (NTC) a copy of said application. The NTC shall likewise 7 be notified upon the issuance of the order for the purpose of 8 ensuring immediate compliance. 9 S ec . 17. Judicial Authorization, Requisites. - The 10 authorizing division of the Court of Appeals shall issue a 11 written order to conduct the acts mentioned in Section 16 12 of this Act upon: 13 (1) Fifing of an ex parte written application by a law 14 enforcement agent or military personnel, who has been 15 duly authorized in writing by the Anti-Terrorism Council 16 (ATC); and 17 (2) After examination under oath or affirmation of the 18 applicant and the witnesses he may produce, the issuing 19 court determines; 19 1 (a) that there is probable cause to beheve based on 2 personal knowledge of facts or circumstances that the 3 crimes defined and penalized under Sections 4, 5, 6, 7, 8, 9, 4 10, 11 and 12 of this Act has been committed, or is being 5 committed, or is about to be committed; and 6 (b) that there is probable cause to beheve based on 7 personal knowledge of facts or circumstances that 8 evidence, which is essential to the conviction of any 9 charged or suspected person for, or to the solution or 10 prevention of, any such crimes, will be obtained. 11 S ec . 18. Classification and Contents of the Order of the 12 Court. - The written order granted by the authorizing 13 division of the Court of Appeals as well as the apphcation 14 for such order, shall be deemed and are hereby declared as 15 classified information. Being classified information, access to 16 the said documents and any information contained in the 17 said documents shall be limited to the apphcants, duly 18 authorized personnel of the ATC, the hearing justices, the 19 clerk of court and duly authorized personnel of the hearing 20 or issuing court. The written order of the authorizing 20 1 division of the C!ourt of Appeals shall specify the following; 2 (a) the identity, such as name and address, if known, of the 3 person or persons whose communications, messages, 4 conversations, discussions, or spoken or written words are 5 to be tracked down, tapped, listened to, intercepted, and 6 recorded; and, in the case of radio, electronic, or telephonic 7 (whether wireless or otherwise) communications, 8 messages, conversations, discussions, or spoken or written 9 words, the electronic transmission systems or the 10 telephone numbers to be tracked down, tapped, listened to, 11 intercepted, and recorded and their locations or if the person 12 or persons suspected of committing any of the crimes 13 defined and penalized under the provisions of this Act are 14 not fiilly known, such person or persons shall be the 15 subject of continuous surveillance; (b) the identity of the 16 law enforcement agent or mihtary personnel, including the 17 individual identity of the members of his team, judicially 18 authorized to undertake surveillance activities; (c) the 19 offense or offenses committed, or being committed, or